What is the Private Life visa route?
The Private Life Visa is a UK immigration route which provides an individual with the opportunity to remain here, based on their human rights and ties accrued over time.
This visa exists to ensure the UK complies with its international obligations through Article 8 of the European Convention on Human Rights (ECHR), which was brought into law here by the Human Rights Act 1998.
A case through the Private Life visa route is assessed through age, length of stay and ties here.
The Private Life visa potentially enables an individual with no lawful permission, or those with a visa who meet the criteria or have limited options, to apply to remain in the UK and provide them with a route to settlement.
It can also be used in cases where, for example:
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- an individual has been here for many years; or
- has a long standing relationship with someone who is British or has permanent residence; or
- has a child here; or
- a combination of these.
How and when to argue these points will depend on the individual circumstances of the case.
For those who do not currently hold a visa, the Private Life visa is a useful alternative immigration route to regularise their stay.
RLegal can assist with an application through the Private Life visa route please complete our online contact form, send an email to info@rlegal.com or telephone us on +44 207 038 3980 and one of our lawyers will respond to you.
Article 8 of the European Court of Human Rights Convention (ECHR)
Article 8 of the ECHR states:
Article 8.1 "Everyone has the right to respect for private and family life, his home and his correspondence."
Article 8.2 "There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law...."
Article 8 is a 'qualified' right which means the UK government can decide how it is translated into domestic law.
The UK partner rules brought in by Teresa May (then Home Secretary) in August, 2012 were intended to specifically address how the UK would deal with Article 8 of the ECHR in family route cases.
The immigration rules have evolved and now set out the basis for meeting the private life criteria however, even if an applicant cannot meet the private life requirements specified in the rules, they may still qualify when being assessed through article 8 outside the rules on a discretionary basis in line with case law, particularly before the immigration courts.
Who can apply for a Private Life Visa UK?
You may be able to show that you have established a Private Life in the UK through a significant period of time spent in the UK. We explore the criteria as set out in the immigration rules, in the next section.
You may be in the UK without permission. If you can demonstrate that you have a Private Life in the UK, you may be able to regularise your immigration status, i.e. your right to stay in the UK.
The Private Life visa should therefore always be considered as an immigration option, particularly when no others are available.
Our team of lawyers can advise on the Private Life Visa UK cost and processing time.
What are the requirements for a Private Life Visa?
The requirements for a Private Life Visa are an individual must:
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- have spent 7 years continuous residence* in the UK if they are under the age of 18 and it would be unreasonable to return to their home country
- have spent at least half their life in the UK if aged between 18 and 25
- spent at least 20 years continuous residence* in the UK if aged over the age of 18
- for those who have less than 20 years continuous residence* in the UK they will need to show 'very significant obstacles' to their ability to reintegrate into their home country
- those born in the UK where a parent is applying through the Private Life Visa UK route.
Significant obstacle test
For those who have been here for less than 20 years the 'significant obstacle test' is a tough bar.
Individuals would need to show very good reasons as to why they could not live in their own country.
Examples could include it is a war torn country, there are distinct lack of medical facilities for those who require them, or there are reasons for them or, there dependants which would make it very challenging for them to live in that country.
Continuous residence on the Private Life route
An individual can have spent time in the UK with or without visa permission. but there cannot have been a break in any such period.
A break in the continuous residence period can occur in any of the following circumstances:
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- stays outside the UK for more than 6 months in one period
- absences of more than 550 days abroad during the 'continuous' residence period
- if the individual was removed, deported or left the UK following a visa application refusal
- the person, when leaving the UK, had no reasonable expectation of returning.
It is important to check whether the 'continuous residence' provision has been broken when evaluating a potential application through the Private Life visa route.
How long is a Private Life Visa for?
A private life visa UK visa is initially granted as follows:
- 5 years to those under 18 and have lived here for a continuous period of 7 years
- 5 years to those aged between 18 and 25 and have lived here for half their lives
- 30 months for all other applicants.
For those granted a 30 months the visa must be renewed at each 30 month interval until a person has accrued 120 months or 10 years of lawful permission through the Private Life visa UK route, which means they must make at least 4 applications including the initial one.
The Home Office at each 30 month stage will review whether the person remains entitled to an extension of stay based on the initial grant on the Private Life Visa Route.
How to apply for a Private Life Visa
An application for a Private Life Route Visa UK is submitted online and an applicant must meet a suitability test, which means there is a criminality threshold check.
Once the online application has been submitted, supporting documents must be uploaded via a dedicated Home Office portal usually within 20 days.
The Home Office may require the individual to submit original supporting documentation directly, however, this is very rare.
The applicant will now usually be required to attend a biometric appointment in the Home Office, as opposed to a UKVCAS centre run by TLS, a third party. This depends on the circumstances, typically being aimed at those who have no immigration status.
RLegal has seen a shift by the Home Office to prioritise the processing of Private Life visa applications applications, and it is possible the caseworker will request more evidence in advance of the applicant attending the appointment.
A note of caution, there is a possibility the Home Office could take the applicant into detention, although this will depend on the circumstances of the case and most individuals are allowed to enrol biometrics and leave.
Legal advice should be taken on your individual case.
How much does a Private Life Visa cost?
The Private Life Visa UK fees are as follows:
| Cost |
Description |
| £1321 |
Visa application fee |
| £1035/£776 for minors per year |
Immigration Health Surcharge |
| £3029 |
ILR application fee |
| £1000 |
Super priority fee |
The standard processing time is 6 months or 72 hours for super priority.
NB super priority service cannot be guaranteed in all private life cases and will depend on the complexity of the matter.
Can I appeal if my application for a Private Life Visa is refused?
A refusal through the Private Life Route Visa UK generates a right of appeal to the First Tier Immigration Tribunal and is heard by an immigration judge who is independent of the Home Office.
The appeal must be lodged within 14 working days and an appeal fee paid.
The Independent Immigration Appellate Authority will then take control of how and when the case will be listed for a court hearing before an immigration judge.
It is of course important to be well prepared if your case has been refused and is proceeding to a court hearing. You will normally need to provide a witness statement, all documentary supporting evidence and of any witnesses, including experts in a detailed paginated bundle.
When can I apply for ILR through the private life visa?
10 year Private Life route to ILR
An individual must normally have completed 10 years of stay in the UK to be eligible to apply for ILR.
5 year Private Life route to ILR
Following changes in 2022, the Home Office allows those in the following two categories to apply for ILR after 5 years residence with private life visas:
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- those who must have spent 7 years continuous residence in the UK if they are under the age of 18 and it would be unreasonable to return them to their home country
- those who have spent at least half their life in the UK if aged between 18 and 25.
This change was introduced so as not to unfairly penalise those who came to the UK as minors through no fault of their own. A faster route to ILR will enable individuals to more readily integrate into UK life and, potentially, move on to acquire British citizenship.
Need assistance? Please complete our online form, send an email to info@rlegal.com or telephone us on +44 207 038 3980
About the author
Evan Remedios is a distinguished solicitor and founding partner of RLegal Solicitors, has been an authority in immigration law since 1991. His extensive expertise encompasses all facets of corporate and private UK immigration matters.
Evan's career includes presenting daily cases in the immigration courts. Evan is a past Assessor for the Immigration & Asylum Accreditation Scheme and member of the Law Society Immigration Law Panel, his credentials are impressive.
Evan has contributed articles to esteemed journals such as Tolley’s Immigration Law and Practice, and is renowned for training solicitors and practitioners in all areas of immigration law. His role as an external assessor to the Home Office NAM project further underscores his expertise.
